Court : Allahabad
Reported in : (1909)ILR31All176
..... as to pass even his son's interest therein, while section 38 (in error described as section 34) of the transfer of property act provides that' where any person authorized only under circumstances in their nature variable to dispose of immovable property, transfers such property for consideration, alleging the existence of such circumstances, they shall as between the transferee on the one part and other persons ..... their consent to a gift, and the like or while brothers are so and continue unseparated; even one person, who is capable, may conclude a gift hypothecation, or sale of immoveable property, if a calamity affecting the whole family require it, or the support of the family reader it necessary, or indispensable duties, such as the obsequies of the father or the ..... 's case. on the contrary they seem to mo to have guarded themselves against the suggestion that the clear and explicit rule of the mitakshara which precludes the alienability of immovable property by a coparcener without the consent of his coparceners had been repealed or might be treated as a dead letter.30. for the foregoing reasons i am of opinion that ..... appeared that the father's debt had been incurred without justifying necessity and it was held that as between the infants and the execution creditor neither they nor the ancestral immovable property in their hands was liable for the father's debt, but that as regards the judgment debtor's undivided share in the estate sold whether or not his own alienation .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1988KAR748; 1988(1)KarLJ335
..... between the transferee on the one part and the transfer or and other persons (if any) affected by the transfer on the other part, be deemed to have existed, if the transferee, after using ..... in hanoomanpersaud's case has been embodied in section 38 of the transfer of property act. that section since the amending act 20 of 1929 has become applicable to hindus, it runs thus : 'where any person, authorised only under circumstances in their nature variable to dispose of immovable property transfers such property for consideration, alleging the existence of such circumstances, they shall, as ..... by the transferee of the existence of a necessity to support an alienation applies as well in the case of simple loans or other transactions which are not transfers of property.'13. on 15-3-1969 the first mortgage came to be executed for rs.5,000/-. the reasons for the same mentioned therein' are the court litigation ..... partition of agricultural lands shall be got effected through the deputy commissioner under section 54 of civil procedure code. the preliminary decree be transmitted to him. in respect of other properties the same shall be effected through a court commissioner.(iv) the plaintiffs will also be entitled to mesne profits in respect of their shares from defendants 3 and 4 .....Tag this Judgment!
Court : Karnataka
..... that a combined reading of section of 2(a) and 2(jj of the act, the amended provision of conveyance, the definition of immovable property, transfer of property makes it clear that every instrument bjr which whether movable or immovable property is transferred which does not amount to 'conveyance of sale' and which is not otherwise specifically provided for by the schedule, constitutes a 'conveyance'. ..... duty and get it registered. it is only because the right., which they were conveying is the right arising out of an immovable property and the benefits arising out of the land and the building, it constitutes 'immovable property' and at best, transfer of such rights constitutes 'conveyance' and the stamp duty and registration fees was payable. 11. in this background, when the ..... the land and buildings, but also includes the benefits that arise out of land and things attached to the earth. the word 'immovable property' found in the karnataka stamp act includes buildings, right to ways, air rights, development rights, whether transferable or not. on facts, it was noticed by the division bench that if the members had no right to ..... 'immovable property' and if they are conveying that right to third parties and if the said transaction does noi constitute 'conveyance', there was no need .....Tag this Judgment!
Court : Mumbai
..... to be effected by a registered instrument. 14. an agreement of sale or purchase would always be required to be a registered document as it contemplates a transfer of an immovable property. in this case the transfer of property is from the builder to the mother of the applicant. it is, therefore, not a document which is an evidence of a collateral transaction which is ..... his contention that the share certificate evidencing the allotment of shares in the society is not registrable would stand to reason. indeed a share certificate does not contemplate a transfer of an immovable property worth rs.100/- or more and, therefore, is not registrable even under section 17 of the registration act, 1908. 4. mr. kanade relied upon the case of ushaarvind dongre ..... be received in evidence of the oral transaction between the parties under which they agreed to transfer the suit property from one party to another. this is not one such case. this is a case not of oral transaction. it is a case of ownership of an immovable property which can be evidenced only by a registered deed of sale. consequently there is no ..... society. the flats are allotted for occupation to the members of the society. consequently simplicitor upon the share certificate showing the allotment of shares by the society which owns the immovable property, the applicant cannot raise the attachment. the applicant can only show the shares allotted to him for occupation as a member of the society. it has been held in para .....Tag this Judgment!
Court : Chennai
Reported in : 3Ind.Cas.701
..... as lessees are entitled to possession and profits on the one hand and bound to pay rent on the other, and under section 108 (6), transfer of property act, a lessor is bound, in the absence of a contract to the contrary, at the lessee's request to put him in possession of ..... of section 17 whether they relate to leases or not.9. we think that the objection for want of registration under section 107 of the transfer of property act fails similarly as that section does not apply to decrees and orders.10. the next contention is that the defendants are not bound to ..... village officers and also, though not usually, by a general proclamation addressed to the ryots or others in occupation giving' notice of the transfer and requiring them to attornment and pay rents to the transferee, which, as will be seen, is very like what the defendants' father stipulated for in ..... .k 587 that according to the common law of the land which especially prevails in zeminduri and similar estates, the delivery of possession when the owner transfers the estate or a portion thereof by sale, gift, lease or otherwise, is by the issue of orders or notices to the karnamn or other ..... it had ' referred to or narrated these terms of the compromise, would have been judicial evidence, available to the appellant, that the respondents had agreed to transfer to her the moiety of land: now in dispute.' in our opinion this passage clearly means that the compromise could have been enforced, although not registered, .....Tag this Judgment!
Court : Kolkata
Reported in : (1899)ILR26Cal222
..... -holders were entitled to take out execution against the surety.5. a further point is taken that the surety-bond was a mortgage of immovable property, and that, having regard to the terms of section 59 of the transfer of property act, such a mortgage could only be enforced if it had been registered and attested by at least two witnesses. i understand this ..... is nothing to warrant the decree being executed in this case against the surety; and, secondly, that the bond is altogether bad being in contravention of section 59 of the transfer of property act read with section 68 of the evidence act.14. as to the first point, what is urged in support of it is, that the respondent did not become ..... decree-holders answer this argument by saying that they do not rely on the document as a mortgage; they are not setting up any right to a charge on the property mentioned in the mortgage, but they say it is evidence of a money debt for which the surety made himself personally liable. the surety then contends that section 68 of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... considering the first point which arises in these cases.transfer of property act : invalid transfers:17. chapter ii of tp act contains two parts. part-a deals with 'transfer of property whether movable or immovable' (sections 5 - 34). part-b deals with 'transfer of immovable property' (sections 38 to 53a). a transfer as defined by section 5 of tp act is conveyance of property by one living person to one or more living ..... by alleged true owners that the registered sale deeds were brought into existence by playing fraud by persons who had no such authority and who are not entitled to transfer the immovable property. there are also cases where allegation of non-payment of sale consideration is made. insofar as first category of cases is concerned, the second point for consideration would ..... more reasons for this conclusion are discussed in part iv of this judgment.part - iv41. it is a misconception to assume that whenever there is an instrument evidencing transfer of immovable property, a person has to seek a decree for cancellation of such instrument. this remedy has its own limitations. it is also a misconception to assume that the owner ..... indian stamp act as amended by the stamp (a.p. amendment) act, 1922, cancellation deed is one of the legal documents recognized in law and a transaction for transfer of immovable property, is no exception.effect of fraud on public authorities67. the question may also have to be examined from the point of view of administrative law. needless to point .....Tag this Judgment!
Court : Gujarat
Reported in : 247ITR134(Guj)
..... authority depends on what the document purports to be as it exists. section 269ul does not use the terminology document which results in a transfer of immovable property but uses the phrase documents which purport to transfer immovable property exceeding the value prescribed, that is to say, it is the apparent nature of the documents which is to be considered for the ..... consideration comes into operation. the scope of inquiry by the registrar under the various provisions of chapter xx-c is whether the document sought to be registered purports to transfer immovable property within the meaning of section 269ua. if it falls into that he cannot register unless the same is supported by a 'no objection certificate' from the appropriate authority ..... section 269uj provides for rectification of apparent mistakes. significantly, section 269uk prohibits any of the parties to the agreement to revoke or alter the agreement for the transfer of an immovable property or transfer of such property in respect of which a statement has been furnished under section 269uc unless the appropriate authority has made an order for the purchase of the ..... the rights and obligations flowing under the provisions of chapter xx-c, the scope of enquiry is not to determine the true nature of the proposed transaction of transfer of immovable property but is to consider whether the apparent consideration disclosed in the agreement, which flows from the transferee to the vendor is a grossly undervalued price, in order .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1956Cal18
..... act. the license does not create any interest in the stall in favour of the stall-holder and so an agreement to grant a license is not a contract to transfer immovable property and so such an agreement is not specifically enforceable.14. it has, however, been held by me in the case of -- 'shew shewak bajpai v. corporation of calcutta,' which was ..... the explanation appended to that section, under which a presumption arises that a breach of a contract to transfer immovable property cannot be adequately relieved by compensation ia money.it is submitted that the agreement to allot or lease the stall is a contract to transfer immovable property and is specifically enforceable and so a perpetual injunction can be granted, under section 54, specific relief act ..... be guided by the rules and provisions contained in chap, n of this act.when the defendant invades or threatens to invade the plaintiff's right to or enjoyment of property, the court may grant a perpetual injunction in the following cases (namely):(clauses (a) and (b) are not material);(c) where the invasion is such that pecuniary compensation would not .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1968Guj272; (1968)9GLR447
..... (2) the main grievance of the original opponent in this revision application was that the learned district judge had fallen into an error in holding that no transfer of the said immovable property had taken place prior to the date of the order of adjudication and that there was accordingly no question of considering whether the protection of section 55 was available ..... court under section 37 of provincial insolvency act. the official receiver thereafter made an application to the insolvency court on 18th february 1960 for a declaration that the transfer of the said immovable property effected by bai mumtaz kunvarba in favour of the original opponent was void since it was effected after the presentation of the petition for adjudication and for recovery ..... insolvency act and section 47 of the registration act. the question is as to what is the effect of an order of adjudication on a transfer of immovable property in respect of which the instrument of transfer is executed between the date of the presentation of the petition and the date of order of adjudication but the registration has taken place subsequent to ..... not pass to the original opponent but as soon as that necessary solemnity was carried out and the instrument of transfer was registered, the transfer became effective from the date of the execution of the instrument of transfer. the transfer of the said immovable property, therefore, took place prior to the date of the order of adjudication and not subsequent to such date. once .....Tag this Judgment!